BILL NUMBER: SB 328 CHAPTERED
BILL TEXT
CHAPTER 278
FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2015
APPROVED BY GOVERNOR SEPTEMBER 8, 2015
PASSED THE SENATE AUGUST 24, 2015
PASSED THE ASSEMBLY AUGUST 20, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN SENATE MAY 4, 2015
INTRODUCED BY Senator Hueso
FEBRUARY 23, 2015
An act to add Section 1940.8.5 to the Civil Code, relating to
rental property.
LEGISLATIVE COUNSEL'S DIGEST
SB 328, Hueso. Landlords: notice of pesticide use.
Existing law regulates the hiring of dwelling units, as defined.
Existing law requires a landlord of a residential dwelling unit to
provide a new tenant with certain disclosures, including, but not
limited to, specified notice from a registered structural pest
control company regarding the use of pesticides at the dwelling unit
if a contract for periodic pest control service has been executed.
This bill, with certain exceptions, would require the landlord or
the landlord's authorized agent, as defined, to provide a tenant,
and, if certain conditions are met, any tenant of adjacent units,
with specified notice of the use of pesticides at the dwelling unit
if the landlord or authorized agent applies any pesticide without a
licensed pest control operator.
The bill, with certain exceptions, would require the posting of a
similar notice at least 24 hours prior to application of any
pesticide to a common area without a licensed pest control operator,
unless the pest poses an immediate threat to health and safety, in
which case the notice would be required to be posted as soon as
practicable, but not later than one hour after the pesticide is
applied. For routine application pursuant to a schedule in common
areas, the bill would require a notification to existing tenants
prior to the initial routine application and to new tenants at the
time that the lease agreement is entered into.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Existing law requires licensed pest control operators to
provide to tenants written notification that includes the pest to be
targeted, the pesticide to be used, the frequency of its use, and a
health and safety statement prior to a pesticide application.
(b) Landlords or authorized agents may apply pesticides without
using the services of a licensed pest control operator. There is no
requirement for landlords or authorized agents to notify tenants when
pesticides are applied to their units or common areas.
(c) It is therefore the intent of this bill to ensure that when
pesticides are about to be applied to rental property by the landlord
or an authorized agent, rather than by a licensed pest control
operator, potentially affected tenants are provided with
substantially the same written notification that they would have
received under existing law had the pesticides been applied by a pest
control operator.
SEC. 2. Section 1940.8.5 is added to the Civil Code, to read:
1940.8.5. (a) For purposes of this section, the following terms
have the following meanings:
(1) "Adjacent dwelling unit" means a dwelling unit that is
directly beside, above, or below a particular dwelling unit.
(2) "Authorized agent" means an individual, organization, or other
entity that has entered into an agreement with a landlord to act on
the landlord's behalf in relation to the management of a residential
rental property.
(3) "Broadcast application" means spreading pesticide over an area
greater than two square feet.
(4) "Electronic delivery" means delivery of a document by
electronic means to the electronic address at or through which a
tenant, landlord, or authorized agent has authorized electronic
delivery.
(5) "Landlord" means an owner of residential rental property.
(6) "Pest" means a living organism that causes damage to property
or economic loss, or transmits or produces diseases.
(7) "Pesticide" means any substance, or mixture of substances,
that is intended to be used for controlling, destroying, repelling,
or mitigating any pest or organism, excluding antimicrobial
pesticides as defined by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(8) "Licensed pest control operator" means anyone licensed by the
state to apply pesticides.
(b) (1) A landlord or authorized agent that applies any pesticide
to a dwelling unit without a licensed pest control operator shall
provide a tenant of that dwelling unit and, if making broadcast
applications, or using total release foggers or aerosol sprays, any
tenant in an adjacent dwelling unit that could reasonably be impacted
by the pesticide use with written notice that contains the following
statements and information using words with common and everyday
meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be
used.
(C) "State law requires that you be given the following
information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."
(D) The approximate date, time, and frequency with which the
pesticide will be applied.
(E) The following notification:
"The approximate date, time, and frequency of this pesticide
application is subject to change."
(2) At least 24 hours prior to application of the pesticide to the
dwelling unit, the landlord or authorized agent shall provide the
notice to the tenant of the dwelling unit, as well as any tenants in
adjacent units that are required to be notified pursuant to paragraph
(1), in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to the tenant, someone of suitable age and
discretion at the premises, or under the usual entry door of the
premises.
(C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.
(D) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover the
notice.
(3) (A) Upon receipt of written notification, the tenant may agree
in writing, or if notification was electronically delivered, the
tenant may agree through electronic delivery, to allow the landlord
or authorized agent to apply a pesticide immediately or at an agreed
upon time.
(B) (i) Prior to receipt of written notification, the tenant and
the landlord or authorized agent may agree orally to an immediate
pesticide application if a tenant requests that the pesticide be
applied before 24-hour advance notice can be given. The oral
agreement shall include the name and brand of the pesticide product
proposed to be used.
(ii) With respect to a tenant entering into an oral agreement for
immediate pesticide application, the landlord or authorized agent, no
later than the time of pesticide application, shall leave the
written notice specified in paragraph (1) in a conspicuous place in
the dwelling unit, or at the entrance of the unit in a manner in
which a reasonable person would discover the notice.
(iii) If any tenants in adjacent dwelling units are also required
to be notified pursuant to this subdivision, the landlord or
authorized agent shall provide those tenants with this notice as soon
as practicable after the oral agreement is made authorizing
immediate pesticide application, but in no case later than
commencement of application of the pesticide.
(4) (A) This subdivision shall not be construed to require an
association, as defined in Section 4080, to provide notice of
pesticide use in a separate interest, as defined in Section 4185,
within a common interest development, as defined in Section 4100.
(B) Notwithstanding subparagraph (A), an association, as defined
in Section 4080, that has taken title to a separate interest, as
defined in Section 4185, shall provide notification to tenants as
specified in this subdivision.
(c) (1) A landlord or authorized agent that applies any pesticide
to a common area without a licensed pest control operator, excluding
routine pesticide applications described in subdivision (d), shall
post written notice in a conspicuous place in the common area in
which a pesticide is to be applied that contains the following
statements and information using words with common and everyday
meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be
used.
(C) "State law requires that you be given the following
information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."
(D) The approximate date, time, and frequency with which the
pesticide will be applied.
(2) (A) The notice shall be posted before a pesticide application
in a common area and shall remain posted for at least 24 hours after
the pesticide is applied.
(B) Landlords and their authorized agents are not liable for any
notice removed from a common area without the knowledge or consent of
the landlord or authorized agent.
(C) If the pest poses an immediate threat to health and safety,
thereby making compliance with notification prior to the pesticide
application required in subparagraph (A) unreasonable, a landlord or
authorized agent shall post the notification as soon as practicable,
but not later than one hour after the pesticide is applied.
(3) If a common area lacks a suitable place to post a notice, then
the landlord shall provide the notice to each dwelling unit in at
least one of the following ways:
(A) First-class mail.
(B) Personal delivery to the tenant, someone of suitable age and
discretion at the premises, or under the usual entry door of the
premises.
(C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.
(D) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover the
notice.
(4) This subdivision shall not be construed to require any
landlord or authorized agent, or an association, as defined in
Section 4080, to provide notice of pesticide use in common areas
within a common interest development, as defined in Section 4100.
(d) (1) A landlord or authorized agent that routinely applies
pesticide in a common area on a set schedule without a licensed pest
control operator shall provide a tenant in each dwelling unit with
written notice that contains the following statements and information
using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be
used.
(C) "State law requires that you be given the following
information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."
(D) The schedule pursuant to which the pesticide will be routinely
applied.
(2) (A) The landlord or authorized agent shall provide the notice
to both of the following:
(i) Existing tenants prior to the initial pesticide application.
(ii) Each new tenant prior to entering into a lease agreement.
(B) The landlord or authorized agent shall provide the notice to
the tenant in at least one of the following ways:
(i) First-class mail.
(ii) Personal delivery to the tenant, someone of suitable age and
discretion at the premises, or under the usual entry door of the
premises.
(iii) Electronic delivery, if an electronic mailing address has
been provided by the tenant.
(iv) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover the
notice.
(C) If the pesticide to be used is changed, a landlord or
authorized agent shall provide a new notice pursuant to paragraph
(1).
(D) This subdivision shall not be construed to require any
landlord or authorized agent, or an association, as defined in
Section 4080, to provide notice of pesticide use in common areas
within a common interest development, as defined in Section 4100.
(e) Nothing in this section abrogates the responsibility of a
registered structural pest control company to abide by the
notification requirements of Section 8538 of the Business and
Professions Code.
(f) Nothing in this section authorizes a landlord or authorized
agent to enter a tenant's dwelling unit in violation of Section 1954.
(g) If a tenant is provided notice in compliance with this
section, a landlord or authorized agent is not required to provide
additional information, and the information shall be deemed adequate
to inform the tenant regarding the application of pesticides.